Wheadon v. Pearson

CALLISTER, Justice.

In a prior action plaintiffs sought to establish a right of way over the adjoining land of the defendants upon the theory of a prescriptive easement — that plaintiffs and their predecessors had adversely used the alleged right of way for a continuous period in excess of 20 years. Defendants’ motion for summary judgment was granted at the pretrial hearing when it was determined that the claimed period of adverse use did not amount to 20 years because for a five year period the adjoining parcels of land had been under the common ownership of the plaintiffs. 1 A motion for a…